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ZITOMER v. HOLDSWORTH

No. 17770.

449 F.2d 724 (1971)

Frances ZITOMER and Nathan Zitomer, Appellants, v. Frank HOLDSWORTH, also known as Fred M. Holdsworth.

United States Court of Appeals, Third Circuit.

Decided October 8, 1971.

Attorney(s) appearing for the Case

Norman Shigon, Philadelphia Pa., for appellants.

Frank Holdsworth, U.S.N.R., Jacksonville, Fla., for appellee.

Before VAN DUSEN, ALDISERT and GIBBONS, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

Plaintiff appeals from a December 13, 1968 order dismissing for want of timely prosecution a complaint filed some nine years earlier.1 Defendant was properly served, an appearance was entered for him, and an answer was filed. Defense counsel later obtained leave to withdraw after the case was placed on the jury trial list.

When the case was called for trial four months later, on October...

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